SMITH v. PITTMAN (06/30/59)

Appeal, No. 160, Jan. T., 1959, from judgment of Court of Common Pleas of Cumberland County, May T., 1958, No. 171, in case of Martin L. Smith v. Mary Pittman. Judgment affirmed. Trespass for personal injuries. Before JACOBS, J. Verdict for plaintiff in amount of $6,579.30; defendant's motions for judgment n.o.v. and new trial refused, and judgment entered on the verdict. Defendant appealed.

COUNSEL

Marion R. Lower, for appellant.

Joseph J. McIntosh, with him Landis and McIntosh, for appellee.

Before Bell, Musmanno, Jones, Cohen, Bok and Mcbride, JJ.

Author: Mcbride

[ 396 Pa. Page 297]

OPINION BY MR. JUSTICE MCBRIDE

This is an appeal from the entry of judgment upon the verdict of a jury for plaintiff, Smith, in a trespass action. Having moved for judgment n.o.v. and for a new trial, defendant, Pittman, asks us to review the propriety of the court's refusal to grant both motions. Plaintiff was walking across West High Street in the

[ 396 Pa. Page 298]

Borough of Carlisle in a southwardly direction in the pedestrian crosswalk which crossed West High Street immediately west of the intersection of Court House Avenue and West High Street. This intersection is more than 100 feet west of the intersection of Hanover and High Streets, the Carlisle public square. West High Street is approximately 57 feet wide and has four traffic lanes, two lanes for eastbound and two lanes for westbound traffic. It is one of the most heavily travelled pedestrian crosswalks in Carlisle.

When plaintiff started to cross the street no traffic was moving in the two lanes nearest to him (the lanes for westbound traffic) but traffic was moving eastward. All traffic was stopped at the Carlisle square.

When the plaintiff reached the center of West High Street, he stopped while cars passed eastward in front of him. The northern of the two eastbound lanes filled with cars from the square back to Court House Avenue. Three or four cars were stopped to his left in the south lane of eastbound traffic. There was space behind them for several cars back to the intersection of Court House Avenue and West High Street.

To his right, a car stopped immediately west of the crosswalk in the north of the two eastbound traffic lanes, and several vehicles stopped in back of this one. He did not see any cars moving east in the south lane and started walking again. When he got to the middle of the hood of the car which was stopped to his right, he looked right (or west) and saw defendant's car approaching. It was from 50 to 70 feet away, traveling between 10 and 15 miles per hour and decreasing speed. Plaintiff then turned his head left (or east) to observe the status of the walklight at the ...

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